As a “seasoned” Georgia trial lawyer, I’ve seen considerable evolution of thinking about safety issues. When I was a young Assistant District Attorney, we occasionally prosecuted DUI cases but still treated them lightly, still laughing at bad jokes about drunks. Then our consciousness was raised by news stories about carnage caused by drunk drivers. Judges,…
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When cell phones and then text messaging came along, a lot of folks just figured they could drive as safely talking on a cell phone as talking to a passenger. I was one of them. A couple of years ago we began to see reports of studies showing that driving while talking on a cell…
Continue reading ›Last week the U. S. Congress passed a new Federal Rule of Evidence 502 to address disclosure of information protected by the attorney-client privilege and work-product doctrine. It addresses concerns about conflicting rulings regarding inadvertent disclosures and the scope of privilege waivers. The new rule seeks to protect litigants from subject-matter waivers, unless “fairness” requires…
Continue reading ›On March 2, 2007, a tour bus carrying the baseball team from Bluffton University in Ohio crashed on an Atlanta freeway. I’m on the team of lawyers in Ohio and Georgia involved in representating members of the Bluffton baseball team and their families An issues in the case is the lack of seat belts. Some…
Continue reading ›On March 2, 2007, a tour bus carrying the baseball team from Bluffton University in Ohio crashed on an Atlanta freeway. I’ve been one of the team of attorneys in Ohio and Georgia working on representation of the team members. One of the issues raised has been the lack of seat belts on buses in…
Continue reading ›I’m just a trucking accident trial lawyer in Georgia, and it’s been over three decades since my last economics class in college. Therefore, even though I read the Wall Street Journal and Investors Business Daily more or less regularly, I was pleasantly surprised to learn that my blog post about implications of the economic crisis…
Continue reading ›I’m just a truck wreck lawyer in Georgia, and it’s been about 35 years since my last economics class. Therefore, I was pleasantly surprised today when I learned that my blog post about Implications of the economic crisis for trucking and insurance was cited as one of the best legal blog posts expressing insight on…
Continue reading ›At a trucking litigation seminar in New Orleans last spring, I had the opportunity to pinch hit for Allan J. Kam, who consults on federal motor carrier safety issues around the country. Mr. Kam is the preeminent authority on how politicians and the trucking industry have blocked safety changes that have led to thousands of…
Continue reading ›As a lawyer handling catastrophic trucking accidents, I have repeatedly seen the deadly effects of driver fatigue as truckers are pushed beyond their physical limits by trucking companies and shippers. Now the National Transportation Safety Board on Tuesday recommended that trucking companies and the government place increased emphasis on making sure truck drivers follow regulations…
Continue reading ›Georgia automobile insurance companies have been required since 2001 to “include an evaluation of diminution in value in its standard assessment of damages, just as it evaluates other elements of damage, and to adopt a suitable methodology for doing so.” State Farm Mut. Auto. Ins. Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (2001).…
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